Terms of Use
These Terms of Use ("Terms") govern access to and use of the services provided by FLORENCE APP, LLC, a limited liability company organized under the laws of the State of Delaware, United States of America, registered with the Delaware Division of Corporations under file number 10487084, with a Registered Agent address at Legalinc Corporate Services Inc., 131 Continental Dr, Suite 305, Newark, Delaware 19713, United States of America ("Florence", "we", "us" or the "Company").
Florence is an artificial intelligence platform for medical documentation and clinical reasoning support, built around absolute privacy and data ephemerality (the "Platform").
These Terms describe the Platform and its features, and the responsibilities of both you and Florence with respect to your access to and use of it.
Before using the Platform, you ("you", "User" or "Health Care Professional") must read these Terms.
BY CLICKING "I ACCEPT" WHEN CREATING YOUR ACCOUNT, OR BY USING THE PLATFORM, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU HAVE READ, UNDERSTOOD AND FULLY AGREED TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.
Versão Aplicável: Este texto em inglês foi escrito para usuários nos Estados Unidos e estabelece os compromissos da Florence de acordo com as leis dos Estados Unidos. Se você pratica medicina no Brasil, a versão brasileira estabelece sua relação com a Florence e seus deveres e direitos sob as leis brasileiras. Você pode trocar o idioma clicando no ícone no canto inferior direito da página. Ambas as versões descrevem os mesmos serviços, adaptadas às realidades de cada país.
1. THE NATURE OF THE SERVICE (PRIVACY FIRST)
1.1. Ephemeral Processing
Unlike other software on the market, Florence uses a "Zero Retention" architecture. You acknowledge and accept:
(a) No Audio Storage: Audio recorded during a consultation is transmitted under encryption for immediate processing and is permanently and automatically deleted from our servers as soon as transcription is complete.
(b) No-Training Guarantee: Florence App, LLC does not, under any circumstances, use patient audio or transcripts to train, fine-tune or improve its artificial intelligence models. Your data is not our product.
(c) The Record Is Yours to Keep: Because Florence retains nothing, it is your sole responsibility to copy the generated note into your own system of record. Florence is NOT an electronic health record, does NOT write to your EHR, and CANNOT give you any history of past encounters.
(d) Temporary Session Persistence: Once transcription or Differential Diagnosis results have been generated, they remain available in the session for a MAXIMUM of 60 (sixty) minutes, solely so that you can review, copy or export them. After that, all session data is permanently and automatically deleted from our servers, WITH NO POSSIBILITY OF RECOVERY.
1.2. Data Minimization
Florence processes only the data strictly necessary to deliver the service, for the shortest time possible. This is the same discipline HIPAA imposes through the Minimum Necessary standard (45 C.F.R. §§ 164.502(b) and 164.514(d)). If you practice in Brazil, the equivalent obligation is the necessity principle of the LGPD (art. 6, III); Florence holds itself to both.
2. REGISTRATION AND ELIGIBILITY
2.1. Professional Use
The Platform is intended exclusively for physicians, medical students and health care professionals. By registering, you represent that you hold a current license to practice, or are enrolled in an accredited program.
2.2. Verification
Florence may at any time ask you to substantiate your professional standing — in the United States, a current and unrestricted license issued by a state medical board, and where relevant your National Provider Identifier (NPI); for students, proof of enrollment. Accounts suspected of fraud may be suspended without prior notice.
2.3. Users Outside the United States
Users located outside the United States must, on request, demonstrate equivalent professional registration in their own country — for example, registration with a Conselho Regional de Medicina (CRM) in Brazil, or with the General Medical Council (GMC) in the United Kingdom.
3. PLANS, PAYMENTS AND CANCELLATION
3.1. Plans
You may choose among the following plans:
(a) Free Trial: Free. Limited to 5 (five) sessions or 7 days of use.
(b) Academic Plan: For students, interns and residents. Limit of 10 sessions per month.
(c) Professional Plan: For physicians and health care professionals generally. Limit of 400 sessions per month.
(d) Enterprise: For clinics and hospitals, under a negotiated contract, including the option of a Business Associate Agreement (BAA) where HIPAA requires one. See Section 5.2.
The Academic and Professional plans are paid and renew monthly. Enterprise is paid and renews under the negotiated contract agreed between the parties.
3.2. Payments
Florence does NOT process payment card information and does not handle funds directly. Those operations are carried out entirely by third-party payment processors, which is safer for you.
Florence App, LLC is a U.S. entity and bills in U.S. Dollars (USD). Any applicable sales tax is calculated and added at checkout.
If your card is issued outside the United States, your issuer may add foreign transaction fees, currency conversion spreads or local financial transaction taxes. Those are charged by your issuer, not by Florence, and are your responsibility.
3.3. Cancellation and Refunds
You may cancel your subscription at any time from the Profile page, under the Subscriptions menu, in the Florence mobile app.
On cancellation, the following conditions apply:
(a) Refund Eligibility: Refunds depend on your usage during the current billing cycle. If you have used up to 5 (five) sessions in the current cycle, cancellation produces a full refund of the amount paid. If you have used more than 5 (five) sessions, the refund is prorated against the sessions you did not use, and may be zero.
(b) Cooldown Period: After each cancellation with a refund, you must wait at least 14 (fourteen) calendar days before purchasing a new subscription. This is an anti-abuse measure.
(c) Abuse Prevention: Three (3) or more refunded cancellations within a 6 (six) month period will result in your account being blocked and flagged for review of suspicious activity, under the Fair Use Policy (Section 4).
(d) Outstanding Obligations: Cancelling a plan does not release you from obligations already in force at the time of cancellation, including payment of any amounts already due.
(e) Enterprise Plan: Enterprise contracts must be cancelled directly with the Florence sales team and cannot be cancelled through the app. The terms of that contract apply and prevail over these Terms.
4. RESPONSIBILITIES
4.1 Your Responsibilities
In using the Platform, you are responsible for:
(i) Entering accurate, authentic, complete and current information;
(ii) Keeping your access credentials confidential. You are solely responsible for everything done through your account, including by third parties;
(iii) Using the Platform ethically and lawfully, and refraining from any conduct that violates applicable law, the rights of others, or these Terms;
(iv) Not taking any action that compromises the operation of the Platform, and not misappropriating any content or technology protected by intellectual property rights;
(v) Acknowledging that you are solely responsible for any content you submit, share or enter — text, images, files or information of any kind — and that you hold all rights necessary to do so without infringing the rights of others, including copyright, publicity, privacy or intellectual property rights;
(vi) Never assigning, transferring, lending, renting, selling, sharing, sublicensing, distributing or otherwise making the Platform or any part of it available to third parties, including colleagues, friends, family, patients, companies, organizations, institutions or any other entity, whether free of charge or for a fee;
(vii) Representing and warranting that, with respect to your patients' information, you act as the covered entity (or, where HIPAA does not apply, as the data controller), and that you hold the authority and any consents or authorizations required to process that information through the Platform.
4.2 FAIR USE POLICY
To keep the service sustainable, the following constitute abuse:
(a) Sharing a login and password among multiple professionals;
(b) Automated use by bots;
(c) Prompt-engineering techniques intended to manipulate or compromise the proper functioning of the Platform's generative AI;
(d) Creating multiple accounts as the same individual or entity ("multi-accounting") in order to obtain repeated Free Trials;
(e) Repeated and abusive refund requests, defined as 3 (three) or more refunded cancellations within a 6 (six) month period;
(f) Attempting to violate the Platform's intellectual property, whether by use, reproduction, copying, transmission, disclosure or commercial exploitation of any content relating to the Platform or to Florence.
4.3 Consequences
You acknowledge that if you breach the responsibilities in these Terms or the Fair Use Policy, Florence may permanently ban all accounts associated with you, without refund and without prior notice. You may also be held liable for any and all damage of any nature caused to Florence or to third parties, including financial loss and reputational harm, without prejudice to any other legal remedies.
4.4 Limitation of Liability
To the maximum extent permitted by applicable law, Florence is not liable for direct or indirect damages, lost profits, loss of data, reputational harm, or other intangible losses, delays or failures arising from your use or the performance of the Platform, whether by you or by any third party, beyond what is expressly set out in these Terms and in applicable law.
If the Platform is used contrary to applicable law, regulation, contract or these Terms, you agree to indemnify Florence in full for any damage, loss or cost caused directly or indirectly by acts or omissions for which you are responsible. You further agree to hold Florence harmless from any claim, action or administrative or extrajudicial proceeding of any nature arising from your misuse of the Platform.
Florence also emphasizes that:
(i) Assistant, Not Substitute: The Platform is a support tool. It does not replace evidence-based clinical reasoning. You acknowledge that you are solely responsible for reviewing, validating and signing the final note and any other document produced with the Platform's assistance. You further acknowledge that no content or feature of the Platform may be treated as a medical decision, diagnosis, prescription, treatment or any other clinical act;
(ii) Accuracy: Florence does not warrant the accuracy, effectiveness or fitness of the information provided. Use of that information is at your sole risk;
(iii) Third Parties: Florence is not responsible for information, content or functionality provided by third-party websites reached through the Platform. You are responsible for verifying what you obtain there;
(iv) AI Hallucinations: You acknowledge that generative artificial intelligence models can occasionally produce inaccurate, invented or factually wrong output ("hallucinations"). It is your non-delegable duty to verify all information — particularly medication dosages, drug names and differential diagnoses — before entering it in the record or prescribing;
(v) Your Conduct: Florence disclaims any liability for medical error, incorrect diagnosis or omission arising from misuse of the Platform, including clinical action taken without your verification and validation.
The Platform is NOT a medical device, is NOT cleared, approved or authorized by the U.S. Food and Drug Administration (FDA), and has NOT been evaluated by the FDA. The Platform does NOT diagnose, does NOT prescribe, and does NOT replace the clinical judgment of a licensed professional. You acknowledge that the Platform is a documentation and clinical reasoning support tool, and that every clinical, diagnostic and therapeutic decision is the exclusive responsibility of the licensed professional. The final word is always the physician's.
Limitation of Indemnity. To the maximum extent permitted by applicable law, and except in cases of willful misconduct, fraud or gross negligence, the total aggregate liability of Florence App, LLC for any claims, losses or damages arising out of these Terms or your use of the Platform is limited to the total amount you actually paid Florence in the 12 (twelve) months immediately preceding the event giving rise to the claim.
4.5 Regulatory Status of Each Feature (FDA)
Florence offers each feature on the basis that it falls outside the definition of a "device" under section 520(o)(1) of the Federal Food, Drug, and Cosmetic Act, as amended by section 3060 of the 21st Century Cures Act. That position depends in part on how you use the Platform, which is why the duties below are yours.
(A) Transcription — documentation function. Converts consultation audio into a structured note for you to review and file. It does not interpret or analyze the record for the purpose of diagnosing, curing, mitigating, preventing or treating any condition. This is the category Congress excluded at § 520(o)(1)(C) — software that transfers, stores, converts or displays the equivalent of a paper medical chart. An error here produces a clerical defect in your documentation, which you are expected to catch when you review the note before signing it.
(B) Differential Diagnosis — clinical decision support. Displays and analyzes medical information and offers suggestions to you, a licensed professional, about possible diagnoses. It does not acquire, process or analyze a medical image, a signal from an in vitro diagnostic device, or a pattern or signal from a signal acquisition system. It is built so that you can independently review the basis for every suggestion and are not expected to rely primarily on it — the fourth criterion of the clinical decision support exclusion at § 520(o)(1)(E). You must actually exercise that independent review. An error here, left unreviewed, could contribute to an inappropriate clinical decision.
5. DATA PROTECTION
5.1. Where Your Data Is Processed
Your data is processed on servers located in the United States. Our infrastructure providers operate under bank-grade security controls and support HIPAA-aligned configurations.
5.2. HIPAA and Business Associate Agreements
Florence App, LLC is not a HIPAA covered entity. If you are a covered entity — or part of an organized health care arrangement — HIPAA requires a written Business Associate Agreement (BAA) before a vendor may create, receive, maintain or transmit Protected Health Information (PHI) on your behalf (45 C.F.R. §§ 164.308(b) and 164.502(e)).
If you have not executed a BAA with Florence, do not use the Platform to process PHI. A BAA is available under the Enterprise plan and on request: business@florence-app.com.
Florence's Zero Retention architecture is designed to reduce your exposure, not to discharge your obligations. Compliance for your practice remains yours.
5.3. Other Jurisdictions
If you practice in Brazil, Florence's processing of your data is governed by the LGPD and is described in the Portuguese version of these Terms and of our Privacy Policy.
For any data protection question, contact dpo@florence-app.com.
6. INTELLECTUAL PROPERTY
6.1. License
Florence grants you a limited, revocable, non-exclusive license to use the Platform.
6.2. Restrictions
You may not:
(i) Reverse engineer the Platform;
(ii) Use the Platform to build a competing service;
(iii) Share access credentials;
(iv) Reproduce, copy, distribute, transmit, publish or commercially exploit any content, data or information from the Platform, or relating to the Florence brand, without prior written authorization.
6.3 Feedback
If you send suggestions, comments, ideas or any other contribution intended to improve the Platform ("Feedback"), you agree to waive any intellectual property right in that Feedback, with no obligation of payment, compensation or attribution in your favor.
Feedback is voluntary. It creates no additional contractual relationship and no obligation for Florence to implement anything.
Florence nevertheless values Feedback. Keeping it non-binding is what lets us evaluate and implement the suggestions we judge most useful while retaining control over the Platform's development.
7. GOVERNING LAW AND DISPUTE RESOLUTION
7.1. Governing Law
These Terms are governed by the laws of the State of Delaware, USA, and disputes are submitted to the competent courts of the State of Delaware, USA, except where a specific rule provides otherwise.
7.2. Dispute Resolution
(a) Good-Faith Resolution: The parties undertake to seek, in good faith, an amicable resolution of any dispute for a period of 30 (thirty) days from written notice to the other party, before commencing legal proceedings.
(b) Optional Arbitration: The parties may, by mutual agreement and after a dispute has arisen, submit it to arbitration administered by a recognized institution, such as the American Arbitration Association (AAA) or, for parties in Brazil, the Câmara de Arbitragem Empresarial - Brasil (CAMARB).
(c) Time Limit for Claims: Any claim must be brought within 1 (one) year of the event giving rise to it, unless a different period is required by mandatory law applicable to you.
8. NON-RELIANCE
You represent and acknowledge that:
(i) You have not relied on any statement, promise or warranty made by Florence representatives outside the terms expressly contained in this document;
(ii) This agreement (including the documents referenced in it) constitutes the entire understanding between the parties and supersedes any prior communication, oral or written;
(iii) You did not enter into this agreement on the basis of any statement or promise by a third party that is not expressly reproduced in these Terms.
9. GENERAL PROVISIONS
9.1. Electronic Communications
By using the Platform, you agree to receive electronic communications — email, push notifications and in-app messages — relating to your account, the services provided, and promotional material, as described in our Privacy Policy.
Florence does NOT sell advertising data to third parties, as stated in our Privacy Policy. We do use electronic communications to tell users about features, Platform updates and relevant events such as maintenance and downtime.
We prefer push and in-app notifications over email in order to avoid spam. Where email is necessary, you may opt out of promotional messages at any time; service and transactional messages about your account will continue.
9.2. Changes to These Terms
Florence may amend these Terms from time to time. For material changes affecting your rights or obligations, Florence will notify you at least 30 (thirty) days in advance, by email to your registered address or by notice in the Platform.
On each update to the Terms of Use or the Privacy Policy, you will be asked to accept the new version before continuing to use the Platform.
9.3. Survival
The provisions on Intellectual Property (Section 6), Limitation of Liability and Limitation of Indemnity (Section 4.4), Non-Reliance (Section 8), and Governing Law and Dispute Resolution (Section 7) survive termination of these Terms for any reason, and remain binding between the parties.
9.4. Support and Contact
Questions may be directed to:
Florence App, LLC
Attn: Customer Support
Email: support@florence-app.com
For questions about data privacy, see our Privacy Policy.
BY ACCEPTING THESE TERMS OF USE AND THE PRIVACY POLICY, YOU CONSENT TO ALL OF THE PROVISIONS SET OUT IN THEM. THAT ACCEPTANCE IS AN ABSOLUTE AND NON-WAIVABLE CONDITION OF USING OUR PLATFORM.